The Sun. — London, England, 1808-02-12 00:00:00

Fi 'remit ip number. They Were net ili n 04,060 Men Of The . same amount; The promised litttack was not Made, anti Dantzic surrendered, without - its being thought safe to hazard a battle •to relieve it, The French, besides the vast superiority of force they brought into the field, had an army of 60,000 men in the rear, which would be more than suffi dent to overpower any force that this Country could send to akt, inconjunaion with the Swedea iu Po merania. Such wa 3 the state of existing circarn , stances, wheninMay he received . the first dispatch from the present Miniatera, in. which • they desired him to express -the readiness of his Majesty's GO vemmentto co-operate by military aid. (The No ble Lord was proceeding to state the particulars of 'this dispatch in•sUbstance, when be was' interrupted by a cry of ‘ Qrder,'? Iron the opposite Pid the present Minimrs, mean to deny that they , had offered ,military aid to Russia • Earl BATHuRst to order, deprecated the prae Oct: of making citations from official: Papers riot -properly before the House. Tice Duke of NORFOLK, to order,"„did not mean to defend the Noble Lord if he revealed any thing that ought to be kept.secret. Bat when the Noble Lord's =dna was arraigned in another place, he ought to be allowed some latitude to defend litinself. Lord GRENVILLE, to order, could not conceive why, when extraQs were read in a garbled wiper tat manner, by his Majesty's Ministers in'the other lioUse,• and even here this night, by the Noble lop opposite (Hawkesbury), it. should, be counted improper for a Noble Lord who was implicated, to state such faEts from official docuntedis as tended to lalS vindication.. , Lord ELDON, to order, had no hesitation to say, whoever might be affe6leil - by his opiniou„ that the pradice of reading from Papers belonging to hia Majesty, and not before Parliament, was highly improper. ,Lard GREY, to order, insisted on the violations 41 -%P:opriety an d or d er com m i t ted byMittistera in r ! House and elsewhere, by garbled and partial extraols ) giving a false colour by itoperfeEt citation. Lord 1 1 / 1 1V.KESBURY thoug,ht it competent to his Majesty's MiniSters to state fa6ts frail) Papers officially in their possession. If any attack had been made on the Noble Lord opposite (Hutchinson), and this proceeding was necessary to his defence, it Inighthe allowed, but that was not the case. Lord GREIVVILLE contended, that the citations Made by his Noble Friend (Lord Htitchinson) were 'entirely in his own defence. The Noble Lord bad been attacked where he could not stand forward in his own vindication. The Noble Lord had been at tacked (a cry of where, where ?)--In the Morning Post, in•an article which ma opeoly, and lay naive, attributed to a Right Hon. Secretary of State. Lord MULGR4VE,. to, order, said. it was fit to come to some decision on this poiot, for. it wets known what may-be stated otherwise in these extra ordinary disclosures of official and contideatial do 'cuments, when the persons.ceascd to be in office. He thought if The Morning Post had taken any Mk either with th e n a me of the Secretary of Stale, `or that of the Noble Lord, there were other means to take cognizance of the charge. . • Lard HUTCHLVSON resumed his speech, and repeated his arguments to . show why the Russians. 1. ‘'ere unable to cope with the French, and why British force in Ponter4ia would be unavailing. _ Lord GRENVILLE was g l a d to fi n d ' t h e N o bl e t l t d admitted t h a t th ere was no f a il ure o f engage— itentlt:t.,. on the part of the late Government towards t h e wa * The Noble Lord also admitted, .that Under avith"rostances under which the Prussian war France broke out, it was no. wonder that his '. le stY * B Gover nmen t were not prepared to give these aid in . that quarter: .• So extraordinary were, these c ircumstances, .that Baron Jacobi, in conse, :hence of peremptory orders from his Goort, lett Country ; an d , on hi s arr i va l at H atn b urg h nisfound a dispatch, acquainting him of the non ' 'pings had taken. With resped to the loan wished for Russia, th e Noble Lord thought it • Might I t , have been q u it e w i se t o ' comp l y wit h abut 'pro- , cposition,_ b ut t h en a subsidy might have, been 'she fsa was, that a sub s idy w as otThred, and though_ t , n the Russian Government, had a great obj.:e -1 . 1 0 to that f orm o f accom M odation, ii.continued still . .0 1 b pressed on them, and a final answer was awaited When the change i n Administration took place. With respea to military aid, it was thought unad _voisntole and hopeless by the Noble Lord who was stt_ Particularly 4 1 - 0 observe, and gibe "informa l': , a e,o, every thing that might' tend to promote jestyarUlel6lt: the war, Os as b 'his Ma ministers themaelves. The prepon s, "noy of France had b een established,' 'and the 4our ß i a ti en of the liberties of Europe • destroy ed by the War imprude n tly k; -1 in t 80.5 I t t i l l t e7a . % b i i : e h ot . i . N„ t t h l str l ia llus % t •a ri s o l)re p c e i s )i o t i L i n t : - d i lx ,"; l c o o s tttr o a i r l y ir ' )4 l: l . Was to be most It ( t h e Archduke C o l ked up to with regard to that State 13atile of Amster' Charles), That War eiulcd-with the bringing Austria t z. Hence arose the dilliculiy of the. COUsequent stn B,d on the 'lame OCCaS:OIIi ; opposition auainstPl"tbilitY of raising an eileanal inent on th e ' flan of !' here There. etas 00. engage , . of Ru ss i a. ' Britain send troops to the hired transports; 4) • I have prepaid 'ariny, and 1- a VleW tO -a demoostration, would have been attended with 'SU UltblerAle . tA•., P e nee• little Th ere Was n o d epartment i n _ wh i ch so. service Was procured for so much expenditure: 43 in that of transports if 1 )I the, Papers. 110 W moved for b y - his * 4 Noble Friend were necessary 16 be laid beiftoisr_ei_their 'Lurdsbips, with a, view to their own ustic' e 110 . 11 ,. as well as with a view t o . do l ions and ti nuals implicated by the partial cite his warranted allusions made, by some of Majesty's Ministers. • gh e t e r d ei 1/ l ULGR4VE. made an able reply. He that a co-operation 00 our part in the late tar n Pa gn,could not fail f d • beficial •effecrts •to 0 'mu urn% th e most be- Eurepel. and, followed the last frinAkeri through the Whole of. his arguments, just'. g t enlarged policy of the Administration of i tit a t t . great and ill ustr i ous Statesman, the late Mr. The Moti o n was t h en agreed to without a division, 41 nd the House adjournoied nt half Past twelve. 'MUSE OF, COMMONS. TIMP.SI)AV, Ftql• a proceeded to - btrilotfor %-Orilnlittee to take iwo.cfm,itlevation the Petition sou3plaining of an u:1(lue return for - the Borough of Eveatam. Flirty Members having Wen baiThrteed, a 'Committee wits appointed; Who Tetired to form the reduced list. . Sir Jon Nawpoar obtained leave to brinii in a Sill - to amend art Att passed is Ireland ) respeeirg t he restriction on the, lands appropriated to prpvicle for the Education of Catholics, in the College of .May nooth, Sir Wk. :Cbtetis Presented a Petition from the Strtferets by:the late tire at Dominica, praying for' Parliamentary relief. Referred to a Committee. Mr. Dickinson, from the bar, presented an Acpotirit .of the whotteAmount of Fees and Gratuities p'aid at the Office of o the Privy Council by persons fin. Trnde Licences, from the commeneement of hostilities in May t 803; to the end of the last year. Ordered, to be printed. . Air. Johnson, from the - Office of the Chief Secre 'tary for Ireland, presented an Account of thelleceipt s and'Disbursentents of the Comtnissioners of Ac counts in Ireland for.t he last : year. On the motion of Sir J. N4wrottr, the first and third Report of the Connniisioners were ordered to be printed. Mr, fiustorsobt obtained leave to briog in a Bill to abolish the office of Surveyor of• Subsidies and Petty Customs in the Port of London. nIWITS OF THE ADMIRALTY. ..Sir FIidiVCIS;BURbETT said he would not take up the time of the House by atiy prefatory re— marks to the motion which he was about to submit to. them ; for that motion being the ground of a Par liamentary proceeding, he conceived that 'it would be._ consented to without opposition., ~H 3 should therefore content himself with simply moving, "That there he laid before the I totve an Aecotint Of all Captures matte at Sea by the Naval Forcei of this Country,' winch went claimed to remain, and which did remain, at the disposal ut the Crown, since the )ear 1792, specifying each Capture anti its Amount, with the particular appropriation r~f,tlite prcicrecii thereof." CHANCELLOR of the EXCHEQURR doubted whether the specification of ever v individual ea - pint-a could be obtained. At any tate such a Spe cification would require considerable time to prepare. He entered into an explanation of the right of his Majesty to these dfoits, which resolved itself into two distina parts : the right of the Crown, and the right as Lord High Admiral. If any complaint were made -with respeci to the mode in which the• fund had been appropriated by the Crown, that might form the ground of Parliamentary Inquiry and repre her siott '; but with regard to the Fund itself, the right.of the CIVIAIII to the appropriation of it was unquestionable. A considerable proportion of this Fund had been granted to captors under various cir cumstances ; many grants had been - made for the pithlic service ; and it being completely under his Majesty's controul, grants had also been Occasionally Made,for the benefit of the 'younger branches of the Royal Family. None of these•could be charac terised as misapplications. • .The Hon. Baronet had an undoubted right to . knoW what, was the gross amount of that Fund,and what remainedundiso,ised of.. If, on 't he production of those accounts, the 'Hon. Raronet should require an account of the mode in which the Fund had been appropriated;the House would donbtless expeet Strong allegations before they would consent to his request. For these reasons, and to facilitate the attainment of the Hon. Baronet's objeel, he submitted to hint the prOpriety . of .con fining his motion to the.total atnebut of the cap ture.; from the period mentioned by him, and of that part Of the proceedS Which remained uudisposed of at the present time. FBA f.'ls BURDETT could see no .ob'yee lion to'fbllow the line of conduCt marked out by the 'Right :Hon. Gentleman ;. he had been given to un derstand, on good authority, that the proceeds al luded to amounted to such a considerable stun, that he was convinced Parliament could never endure. that It should be left as the private property of the King; he mast think that the subject was of the highest. importance, and that it was incumbent on the House minutely to investigate ii. Sir C. POLE declared, that every day afforded, fresh proof's of the necessity of putting the proceed ings in the Admiralty Court on a better footing. The ADVOCATE-GENER4L consideriog the insinuation of the Hon. Bart. who had last spoken, as irrelevant. to the question, and also ,noc exactly Comprehending the tendency and extent of it, would leave it unnoticed. He repeated what had been said by his Learned Friend, with raped to the double 'fight of his Majesty to the fund now under discfission, the right of the Crown, and his right as Lord Highs Admiral, and enumerated many-of the instances in Which considerable sums had been granted out of that fund by his. Majesty on public add other grounds. At the commencement of the last war with' Holland, and at the contmencement of the present war with Hol)and,' with Spain, with Finish!, and with mark, a large amount of Dutch, Spanish, Pritasiati, lend Danis h property, devolved Of right to the Crou n, Of this property, at least a moiety—generally two thirds--hnd been granted as a reo'ard to the captors. In the ht;t war a. million'of- the. Dutch property was appropriated to the. Public service. • Another million was also soapprOpriated about a tWelyenienth ago. Other appropriations hact been Made to indivi duals, who 'in many cases had suffered from the sudden breaking Out - of hostilities. For instance, a considerable part , of -the-property (the right.Of the •Crown) 'taken lion . ) the Spaniards at the continence- Inept of the present war, had been applied to the re lief of persons whose property had been sequestered in Spain at the eymmenceinent of a former war.-!-- Part was applied to indemnify captors, who having made capturea in the execution of their orders, were afterwards compelled to restore them ; and part to •• neutrals, who, train circumstances of peculiathard sbip, imere unable to recover property that had been taken froM them. . He was very .ready to allow that, • a small . Bart cif this hind had certainly been apprce. priated to acts of grace and liberality on the part of his. Majesty to the younger branches of the Royal Family; Was his Majesty to be the only father in his kingdom, who was to be prevented from thus disposing old portion of that over which he had an undoubted •controul ? If any Hon. Meknber thought thin application, of the fund improper, he was not ashamed to say that he completely differed from him. Shottid any misapplication of the fund be alledged, the House might, it they thought proper,. institute an inquiry on the subjeCt. , At present it did not ap pear-to him that any grounds had been laid fur such a- proceeding. • LUSH] NGTON' agreed , vs , it h the Learned Gentleinan a that this question (tad ne reference to Ihe'prittredinfvs7u the Coen of 'Adinitity, btrt dif- Tercd fruit biattia thinking tba) it ha `no reference to the applicattsn of the Fond. Itnifilforc'd to him that it had die closest refet4.le. -As he saw an lion: KnightlAir Home Pori:alp:l.' 7 4n ii s place, he would stile to the House a .C'eranustance, of which he ha I had intimation some time ago, Gut a cor rect knuaiedga of _which Le had ooiv that morn ing; oblaiut4 Tu - the 'year :787 thet Honourable aTigWuiained id; Niteesty's leave to quit the ser ice on half pay. He went to Ostend, purchased a Ship called 11 Etruseo, atid, 'under .a - foreign went to tadia. After some time by exchanged this vessel at a Chinese Port for an American ship, which, inconjunttion with a French supercargo at Cin ton he loaded with ten. He then returned to Europe; fiiat • went to Ireland, then touched at Dongeness, where he landed a part of hia cargo, or ; in plain Worth, smuggled tea Abort:, and afterwards - escaped to Ostend, where, however, his ship was•selzed by the boats of the Brilliant Frigate, and the business being lat'ought before the Admiralty Court, the Hon. Knight first avoided the _ process issued agaitiSthim; and then absconded altoget After A rea< litngth of time, the ship was condemned, but Capt. Robin!. son, of the .Brilliant, never .received one shilling of, the proceeds. His IVl:ij.asty, by the advice of the Learned Gentleniiin opposite (relnetantly given, as he understood), had been induced to orderthe ia sning.of Treasury Warrant, by which the sum of 9.3,0001. being his share of the cargo,, had been're, turned to the Hon.k.nii'; ht. Was not this a gro's mitt= application of the fund? To.reward an Officer of tine ,Navy for having violated the lays of the land by Smuggling. Would the Gentleman opposite pretend to iustity it ) • He was willing to allow that ha saw no . objerlion to the appropriation of a part of the fund to the Royal Dukes; but on the other modes of ap propriation he was convinced that a serious investi gation should take place; and he therefore trusted the Hon. Baronet near him would persist in his original• motion for a Specific aedonnt a those ap. propriations, . . Sir HOME POPHAM. being so particularly called upon by the very extrsordivary and..personal attack that had just been made upon him, could - nor refrain from requesting the attention of the House for a few moments. If the Hon. Gentleman •oppo-• site had given him the slightest intimation of his intention, to make a sudden and so aggravated an attack upon him, accompanied 'with aspersions, such, as he believed,.bad-never before been used in speak ing of a Mernber of that House, he should probably ,have been better prepared to rebut it. He' hoped, however, to satisfy the House perfecalv on the aub jed. When he went to the pant Tnjies it was at a time of profound peace ; and while there he bad exerted himself as. much as possible in the service of the Country. Let the Hon. Gentleman consult . the .Records of the India House. He would there find that' his' condua had been so strongly approved by the Governor General. in Council, that 'met' Corn wallis had recoMmended him nr..st warmly to the Court of riirators, on th& grontid bribe important services that he had rendered the Company ; and, had tinges* to them to request his promotion from the Board of Admiralty. If, from his anxiety to be actively employed, and to gain experience in his profession, he bad ina moment of irritation gone out to Ihdia under' a Neutral Flag (which perhaps he now regretted), he had only followed the ex . arnple of many other Naval Officers ; and he, could not;itelp thinking it strange,. ,that after the lapse of more than 20 years, he should thus be singled oat for peculiar animadversion, He trusted be might be allowed to say, that his exertions in India must have been of a very extraordinary nature to induce the Governoreneral in Council to recommAid hiM at home as 'he had done. By the term ex-. traordinary," he meant only that those _services had: been of a description Which were deemed deserving, of marked approbation. He trusted also, that in no netion of his bad he bad any sort of connexion with smugglers, as stated by tha Hon. Gentleman, or chubs bad even violated, the Laws of the-Coun , try, without having at the same time done some. thing Which more than compensated for the injury they sustained. • 1lft,t ! ,:81/ERID44.,V,,bad ..entirelY agreed with his Hen. Friend near him, in his recommendation to the Hon.. Baronet, :to persevere in his original ma= tion. Much more did he coins de in that recom meadation, when he heard theoccusation. that had been preferred against.. the Hon. Captain, to whom at the. same time he confessed he thought some in . timatiou might lkave been givea: This was a sub , juet which should not be allowcA to rest ; i .t ought to be sifted. to the bottom. He must observe to the'LionXitp:ain, thot if such was his opinion be fore he had heard thallon,Captaia's defeuee, it was more decided y to S opinion he had heard it. Tho lion. Captain stated, that he hai done as many other ()dicers had d011e; §Aile4 under a neu- tral in a trionvent of iiritatintr, for the purpo,e of obtaining professional knowledge experience. He had heard' of other Otll:.!er4 who had done so, •;but-then they had engaged . in this wars of foreign Powers , how the Hon. elptsin could increase ins topfe;sional knowitdge by. landing teas In The CII,INCELLOR of the EXCHEQUE.R called the Right Hou. Gentleman to order ; it was , impossible for him to sit. still and hear an attack upon any Mertiber under such circumstances ; it. was nut consonant •to the, rules of justice, . which' 'ought to beollserved to every man, thfit a conversa-, tion arising collaterally should be brought forward,: and carried on by remarks tittered in toe tone and' manner used by the Right Hon. Gentleman. To what purpose was this done ? Was there a motion be 're the House, the event of which would be to .censure or acquit the Hon: Captain ? He appealed to the Right Hon. Gentleman's own candour on the subjea; for be was sure that he was the last man Who, on, cool reflethon, would persevere in any urt fair or illiberal line of condoet. The SPEAKER expressed his opinion, that, by abstaining from,any farther remarks on this part of the Debate, the House would best consult its' own dignity. Mr. SHERIDAN, thotigh hit - did not e1:184434w of tholight Hon. gen;leomm for having interrupt ed hint, must contend that he was stria'' , in order. The arned Gentleman oppeelle, luting 'asserted that-there was not a 'single inAar:ceof mis-apprO- Priation of the fund under discussion ; Hon) Friend who ,was in possession of a very flagrant static ttoftnisappropriatiOn, aiic wits knew: that the HALF, Knight, ,was &tee to arc-fend ..had stated t? •t instane:e. (M' - . Shoed:ln) hay,. :ng heard . tlie Hon. CfOtain'S'ans'Wer, 'be tlief not denY the accusation, an irc;.u-;itt ion fonnded loosely, but on recorded :acts, it appearol to ri'm, and lie 4.‘113 jUtifted in ..trgitinj that the soh ' ject onght to be most narrowly investigated.. regard to the subje6l more itnroc:liately before tho H6use; if the droits were originally his' Majesty'S tr!idoubted 'right ; still in: progress Of . many wars', they tni , , , ,ht ha%o- amounted to'such a sum tv,at it would be necessary to revise the right, and to say -whether or not it kas safe to trust the disposal of so Much money out rof'the controul of Ifarliament. He did t: )t objea to the increasing of the ittco:nes ' the itoyal . FaMily--those - incoincs were , : , ollciently He could not.', lioweyor, .help , reminding . the •House, as so much was-said shout•l lie :younger branches cat the Itoyal Faamily, that the Prince. of Wales had an unquestionable claim to. the arrears of the Duchy of Cornwall, which claim had not been satisfied, either by the Sovereign or by the Country. • ' The DPOCAT E G,ENERA L. • observed, that the Hoti. Gentleman opposite was under a mkap prehension with regard to the sum that had been re- , tit-ta , d to' the Hon. Captain. It did not proceed tram Enemy's property captured and :condemned, but 'WWI a forfeiture to the Cu) vri ,for tho violation of the:law. 'Die Hon. Captain (wl,„Aher correctCy of not he would . not then enquire)- had taken his family to Ostend.: From thence he procee4ed, on a mercantile expLidition to India: If he had rendered himself liable to the operation ofthe prohibitory laws againq British stabjeMs trading to India, her had on questioo,,bly viUlatectlav,i.hy which the charter and .monopoly of the East India .Company were main tained. But it must be remembered, that it was well known to the highest charaCters in India, that the Hon. Captain was there; every possible respect bad been laid to him by those Qharaaers, and fore- Mr. TIERNEY called to order. The Learned Gentleman. instead .ot, confining bithself to expla nation, was entering into a defence of tbe Honourar ble Captain. The SrEAKER decided that the Learned Gentle man had. confined himself to explanation.. Observ ing, how6 , er, that .Mr. White, with the reduced list of the Eveshani Committee was at the bar; be recommended that in conformity - to the usuage of the House, no dein) , should tal(e place in the recep tion of the list. The list %yds accordingly brought up, the name's read, and the Members sworn. , They were as fol. luv.• I, lan.:-. Esq. W. Onle, Esq. .b. Vinut.rnaycicn, Esq. I. Calvert, Eq,. V,r. likrzs, Esq. J. Buller, Esq. I. M. Lloyd, Ltq. T. Stanley, Esq. Sir C. 1',. , 14. liatt. Sir:a. Ingiehy, Bart. 'W. L. l'aLner, Esq. 'T. Tyrwliitt, Esq.' t,2. Dick, Esq . ' 1401111.NIVPIA. Right Hon, G. TiFacy.,l J. Lockhart, The debate was then resumed. , . • The CIMA C BLUM af . the ,EXCIIEWZR:. proposed to substitute for the motion of the ljun. Baronet, the follouing:' " That there he hJid before the House an Account of the net prOceeds - paid out of the it;gistry of the court of. Admiralty to the Receiver. General of Droits,.of 41,1 property con• derailed to his Majesty, in right of the Crown, or m..right of the °nice of . Lord, High Admiral, since the ist of January, 1793, with -beiliirte...:s How , rentainine! • • After a few words from Mr. WHITBREAD aid Lord. FoLKSTONE, . The S,rg4xtnt asked the Hon. Baronet, whether hr wished hira to Put the original Motion, or the Motion, suggested by the CHANCELLOR of the Lx. cueauzit,.. Sir F.' IRE? DEPT; replied, that although at the. outset of the bt3 mpesa The appearance of liberality in the ConduA of the Right Hon. Gentleman had in-, dnced hint to accede to Ws proposition, even be.. yOnd the stria., lino of his duty ; yet so strong and .fiagraut a case had since been stated, that he could not think of omitting that part of his Motion which called for an Account of the application of the Droits ; he therefore felt it to be his dttly to the persevere in the original Motien. The ADrOaefTEG-ENEIt AL went on with his explanation. The Hon. Captain had been a Merchant in India. During the i time he 10 been . in India, it 'via+ perfeEtly known that he was a Br.- tish subject. He hadbeen errtployed-there in seve. ral important' services; particularly in the survey of Prince of .Wales Wand, and had acquitted hiingere so much to the satislation of the Company, that h;! had received front them some very valuable preents. Sub4equentiv, as had been stated by the Hon. Gen"- Alemair, the 'Vessel in Which 'tile Hon. CA)ilin re tOrtieO• to. Europe was seized: by the WilliaM in ,aitclui Roads. That part of thec.trgo which be longed to the French Supercargo had been con *mood to the captors ; but.• the other part had not .been condemned either to his Majesty or the cap tors ; it had fallen to the 'Crown lion kirpituro; when, it was afterwards comidered that tiie Hon. ,Captain had a Licence from the Crown, and some= thing certainly very like an implied Licence from the Eit t India Compinv, it became a questiOn.whe titer or not it would be fit for the Crown to take advantage of the forfeiture, It had been.tlecided in. the neg ative. Arr. USHIN GTO N declared, that he had stated cwly. that of .which he had been inforthed. 'With regard to his not hsviag given any intimation' to the Wm. Canuin of his intention to prefer this charge against aline, he repeated, that it was only that ruornin that he had ascertained' the frets. ' had been called upon to make this statement by the declaration of the Learned . Gentleimin„ that noin. stance eiiiSted,of misappropriation; Mt: liti.e/ND was 'convinced of the .neceSsitt of inourry, on the subject 'Did the .Right7Hin. Got tlernan opposite anticipate the statement Of his Friend ? Was he conscious that a MisapOheation had taken place=--that he refused general infortnatien, and ered partial Mr. HU,SKI,S,SON then moved the Amend ment. .11,1 r. CALVERT did not think the Amendment included Captures in Harbours. riel,44\ 7 oEl.Z-OK, of the EXCHEQUFR rcTlied to, the Hon. Gentleman-, who hid atxused bim of a wish to, blind the iioi:oe by, effetini par tint kngtead of gentl-41 inn)rmation . . The- snbstuntial ditietence between his Motion and that of the Ho*